Eight Months After FDA Requested DEA Scheduling, 7-OH Kratom Remains On Sale at Gas Stations Nationwide

Why it matters

The FDA called 7-OH "the next wave of the opioid epidemic" and formally requested DEA scheduling in July 2025. Eight months later, 7-OH remains freely available at gas stations and vape shops in most states. The enforcement gap has left state governments to act on their own — with sharply different results.

The big picture

When the FDA and HHS held a joint press conference in July 2025 to announce their recommendation that DEA classify 7-OH as a Schedule I substance, public health officials hoped for swift federal action. That action has not come. The DEA's scheduling process involves public comment periods and administrative procedures that can take a year or more. Meanwhile, the substance the FDA described as "13 times more potent than morphine" remains on open retail shelves in most of the country.

Key findings

• HHS and FDA formally requested DEA Schedule I classification for 7-OH in July 2025, citing 13x-morphine potency and addiction risk comparable to heroin
• As of February 2026 — eight months later — the DEA has issued no scheduling decision, leaving 7-OH legally available in most states
• At least 13 states and D.C. have enacted their own bans on 7-OH products while awaiting federal action
• A recovering addict interviewed for the report described 7-OH as harder to quit than intravenous heroin, at a cost of $200 per day
• Public health researcher Dr. Matthew Rossheim called federal scheduling "overdue," noting 7-OH is widely available in tobacco stores nationwide
• Critics of an outright ban, including the Cato Institute's Dr. Jeff Singer, warn prohibition will push users into black markets without treatment access

What they say

Dr. Matthew Rossheim, an associate professor at the University of North Texas School of Public Health, stated: "It surprises me with how widely available it is, considering it's so hazardous," adding that classifying 7-OH as Schedule I is "overdue."

Bottom line

The DEA's delay in scheduling 7-OH — eight months after the FDA formally requested it — has left states to act independently while a substance described as more potent than morphine remains on open retail shelves.